London, UK, April 29, 2025
On April 16, the Supreme Court of the United Kingdom issued a ruling regarding the definition of ‘woman’ and ‘sex’ in the Equality Act (EA) 2010. The ruling interprets these concepts to refer strictly to biological sex assigned at birth, but refuses to provide a definition for what ‘biological sex’ refers to, and takes for granted a binary understanding of sex despite vast scientific evidence against it.
The Society of Spanish Researchers in the UK (SRUK/CERU), whose members include scientists and researchers, expresses its deep concern about the essentialist understandings of sex and gender that lie behind this sentence, and the wider impact of the ruling for the human rights of trans, intersex and nonbinary people in the UK. ‘Sex’, as it is used in contemporary biology, is a polysemic concept, and can refer to a variety of criteria including genes, chromosomes, gonads, secondary sex characteristics, psychological aspects and social and legal elements. We find a similar degree of diversity in the relevant scholarship of other fields such as social and cultural anthropology, legal studies, social psychology, history, philosophy and gender studies.
The Court’s ruling has been adopted without listening to any testimony from affected trans, intersex or nonbinary citizens or organisations, which raises questions surrounding testimonial justice and procedural fairness. It also raises multiple concerns regarding how its application is going to be enforced while respecting international human rights resolutions regarding not only LGBTQI+ people, but also women in general. While the ruling states that it does not seek to “define the meaning of the word ‘woman’ other than when it is used in the provisions of the EA 2010” or to “adjudicate on the arguments in the public domain on the meaning of gender or sex”, recent statements by PM Keir Starmer and Equalities Minister Bridget Phillipson have taken it to be a clarification on exactly that, in a broader climate of institutional and media hostility towards trans and gender-variant people.
We would like to voice further concerns regarding the way in which this interpretation is going to be enforced, in light of a recent policy by the British Transport Police that mandates that it be male officers who strip search people who they might perceive to be trans women, which does not guarantee basic safeguards for trans women, nonbinary people or cis women who they might wrongly perceive to be trans. Policing of gender expression and biological sex for provisions like the use of public toilets, changing rooms and women’s associations, as implied by the recent EHRC interim guidance on the topic, sets a dangerous precedent for the privacy, safety and freedom from degrading treatment of all women, nonbinary people and trans men. Similarly, the use of these criteria to regulate access to services like sexual and domestic violence counseling or equal pay claims will take a toll on some of the most vulnerable members of these communities.
We call on the Parliament and Government to take immediate legal action and institutional reforms to adequately reflect the diversity of lived gender realities and the challenges they face, listening to updated scientific evidence and the experiences of affected groups in accordance with international regulations. We also ask the Government to uphold dignity, safety, and full inclusion for all.
At SRUK/CERU, we stand in solidarity with trans, intersex and nonbinary communities in the UK and beyond. They are, and always will be, welcome in our community. We are committed to amplifying their voices, celebrating their identities, and ensuring their visibility through our activities.
About SRUK/CERU
The Society of Spanish Researchers in the UK (SRUK/CERU) is a non-profit organisation established in 2012 representing Spanish nationals working in R&D in the UK. With over 300 members and 150 affiliated friends, SRUK/CERU has actively monitored the challenges and opportunities associated with Brexit and their impact on Spanish researchers both in the UK and elsewhere. Through its surveys and other initiatives, SRUK/CERU aims to address the challenges posed by Brexit and advocate for the interests of its members. The Society engages with key stakeholders, including academic institutions and governmental bodies, to inform policy and drive positive change. SRUK/CERU also leads the EU-funded project CONNECTS-UK, which brings together European research diasporas, and coordinates the Science Policy and Diplomacy Commission within the Network of Spanish Scientists and Researchers Abroad (RAICEX).
